Common use of Tender Documentation Clause in Contracts

Tender Documentation. 1. Where an entity provides tender documentation to suppliers, the documentation shall contain all information necessary to permit suppliers to submit responsive tenders, including information required to be published in the notice referred to in Article 1010(2), except for the information required under Article 1010(2)(h). The documentation shall also include: (a) the address of the entity to which tenders should be submitted; (b) the address to which requests for supplementary information should be submitted; (c) the language or languages in which tenders and tendering documents may be submitted; (d) the closing date and time for receipt of tenders and the length of time during which tenders should be open for acceptance; (e) the persons authorized to be present at the opening of tenders and the date, time and place of the opening; (f) a statement of any economic or technical requirements and of any financial guarantees, information and documents required from suppliers; (g) a complete description of the goods or services to be procured and any other requirements, including technical specifications, conformity certification and necessary plans, drawings and instructional materials; (h) the criteria for awarding the contract, including any factors other than price that are to be considered in the evaluation of tenders and the cost elements to be included in evaluating tender prices, such as transportation, insurance and inspection costs, and in the case of goods or services of another Party, customs duties and other import charges, taxes and the currency of payment; (i) the terms of payment; and (j) any other terms or conditions. 2. An entity shall: (a) forward tender documentation on the request of a supplier that is participating in open tendering procedures or has requested to participate in selective tendering procedures, and reply promptly to any reasonable request for explanations relating thereto; and (b) reply promptly to any reasonable request for relevant information made by a supplier participating in the tendering procedure, on condition that such information does not give that supplier an advantage over its competitors in the procedure for the award of the contract.

Appears in 2 contracts

Samples: North American Free Trade Agreement, North American Free Trade Agreement

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Tender Documentation. 1. Where If, in tendering procedures, an entity provides tender allows tenders to be submitted in several languages, one of those languages shall be one of the official languages of the WTO. 2. Tender documentation provided to suppliers, the documentation suppliers shall contain all information necessary to permit suppliers them to submit responsive tenders, including information required to be published in the notice referred to in Article 1010(2)of intended procurement, except for paragraph 6(g) of Article 6-09, and the information required under Article 1010(2)(h). The documentation shall also includefollowing: (a) the address of the entity to which tenders should be submittedsent; (b) the address to which where requests for supplementary information should be submittedsent; (c) the language or languages in which tenders and tendering documents may must be submitted; (d) the closing date and time for receipt of tenders and the length of time during which tenders any tender should be open for acceptance; (e) the persons authorized to be present at the opening of tenders and the date, time and place of the this opening; (f) a statement of any economic and technical requirement, financial guarantees and information or technical requirements and of any financial guarantees, information and documents required from suppliers; (g) a complete description of the goods or services to be procured and required or of any other requirements, requirements including technical specifications, conformity certification and to be fulfilled, necessary plans, drawings and instructional materials; (h) the criteria for awarding the contract, including any factors other than price that are to be considered in the evaluation of tenders and the cost elements to be included in evaluating tender prices, such as transportationtransport, insurance and inspection costs, and in the case of goods or services of another the other Party, customs duties and other import charges, taxes and the currency of payment; (i) the terms of payment; and (j) any other terms or conditions. 23. An entity shall: (a) In open procedures, entities shall forward the tender documentation on at the request of a any supplier that is participating in open tendering procedures or has requested to participate in selective tendering proceduresthe procedure, and shall reply promptly to any reasonable request for explanations relating thereto; and. (b) 4. In selective procedures, entities shall forward the tender documentation at the request of any supplier requesting to participate, and shall reply promptly to any reasonable request for explanations relating thereto. 5. Entities shall reply promptly to any reasonable request for relevant information made submitted by a supplier participating in the tendering procedure, on condition that such information does not give that supplier an advantage over its competitors in the procedure for the award of the contract.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Tender Documentation. 1. Where If, in tendering procedures, an entity provides tender allows tenders to be submitted in several languages, one of those languages shall be one of the official languages of the WTO. 2. Tender documentation provided to suppliers, the documentation suppliers shall contain all information necessary to permit suppliers them to submit responsive tenders, including information required to be published in the notice referred to in Article 1010(2)of intended procurement, except for paragraph 6(g) of Article IX, and the information required under Article 1010(2)(h). The documentation shall also includefollowing: (a) the the address of the entity to which tenders should be submittedsent; (b) the the address to which where requests for supplementary information should be submittedsent; (c) the the language or languages in which tenders and tendering documents may must be submitted; (d) the the closing date and time for receipt of tenders and the length of time during which tenders any tender should be open for acceptance; (e) the the persons authorized to be present at the opening of tenders and the date, time and place of the this opening; (f) a statement of any any economic and technical requirement, financial guarantees and information or technical requirements and of any financial guarantees, information and documents required from suppliers; (g) a a complete description of the goods products or services to be procured and required or of any other requirements, requirements including technical specifications, conformity certification and to be fulfilled, necessary plans, drawings and instructional materials; (h) the the criteria for awarding the contract, including any factors other than price that are to be considered in the evaluation of tenders and the cost elements to be included in evaluating tender prices, such as transportationtransport, insurance and inspection costs, and in the case of goods products or services of another Partyother Parties, customs duties and other import charges, taxes and the currency of payment; (i) the the terms of payment; and; (j) any any other terms or conditions.; 2(k) in accordance with Article XVII the terms and conditions, if any, under which tenders from countries not Parties to this Agreement, but which apply the procedures of that Article, will be entertained. An entity shall:Forwarding of Tender Documentation by the Entities (a) In open procedures, entities shall forward the tender documentation on at the request of a any supplier that is participating in open tendering procedures or has requested to participate in selective tendering proceduresthe procedure, and shall reply promptly to any reasonable request for explanations relating thereto; and. (b) In selective procedures, entities shall forward the tender documentation at the request of any supplier requesting to participate, and shall reply promptly to any reasonable request for explanations relating thereto. (c) Entities shall reply promptly to any reasonable request for relevant information made submitted by a supplier participating in the tendering procedure, on condition that such information does not give that supplier an advantage over its competitors in the procedure for the award of the contract.

Appears in 1 contract

Samples: Government Procurement Agreement

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Tender Documentation. 1. Where an A procuring entity provides shall make available to suppliers tender documentation to suppliers, the documentation shall contain that includes all information necessary to permit suppliers to prepare and submit responsive tenders, including information required to be published . Unless already provided in the notice referred to in Article 1010(2)of intended procurement, except for the information required under Article 1010(2)(h). The such documentation shall also includeinclude a complete description of: (a) the address of procurement, including the entity to which tenders should be submitted; (b) the address to which requests for supplementary information should be submitted; (c) the language or languages in which tenders and tendering documents may be submitted; (d) the closing date and time for receipt of tenders nature and the length of time during which tenders should be open for acceptance; (e) the persons authorized to be present at the opening of tenders and the date, time and place of the opening; (f) a statement of any economic or technical requirements and of any financial guarantees, information and documents required from suppliers; (g) a complete description quantity of the goods or services to be procured or, where the quantity is not known, the estimated quantity and any other requirementsrequirements to be fulfilled, including any technical specifications, conformity certification and necessary assessment certification, plans, drawings and or instructional materials; (hb) any conditions for participation of suppliers, including a list of information and documents that suppliers are required to submit in connection with the conditions for participation; (c) all evaluation criteria for the entity will apply in the awarding of the contract, including any factors other than and, except where price that are to be considered in is the evaluation sole criterion, the relative importance of tenders and the cost elements to be included in evaluating tender prices, such as transportation, insurance and inspection costs, and in the case of goods or services of another Party, customs duties and other import charges, taxes and the currency of paymentcriteria; (id) where the terms procuring entity will conduct the procurement by electronic means, any authentication and encryption requirements or other requirements related to the submission of payment; andinformation by electronic means; (je) where the procuring entity will hold an electronic auction, the rules, including identification of the elements of the tender related to the evaluation criteria, on which the auction will be conducted; (f) where there will be a public opening of tenders, the date, time and place for the opening and, where appropriate, the persons authorised to be present; (g) any other terms or conditions, including terms of payment and any limitation on the means by which tenders may be submitted, such as whether on paper or by electronic means; and (h) any dates for the delivery of goods or the supply of services. 2. An In establishing any date for the delivery of goods or the supply of services being procured, a procuring entity shallshall take into account such factors as the complexity of the procurement, the extent of subcontracting anticipated and the realistic time required for production, de-stocking and transport of goods from the point of supply or for supply of services. 3. The evaluation criteria set out in the notice of intended procurement or tender documentation may include, among others, price and other cost factors, quality, technical merit, environmental characteristics and terms of delivery. 4. A procuring entity shall promptly: (a) forward make available tender documentation to ensure that interested suppliers have sufficient time to submit responsive tenders; (b) provide, on request, the request of a supplier that is participating in open tendering procedures or has requested to participate in selective tendering procedures, and reply promptly tender documentation to any reasonable request for explanations relating theretointerested supplier; and (bc) reply promptly to any reasonable request for relevant information made by a supplier any interested or participating in the tendering proceduresupplier, on condition provided that such information does not give that supplier an advantage over its competitors in the procedure for other suppliers. Modifications 5. Where, prior to the award of a contract, a procuring entity modifies the contractcriteria or requirements set out in the notice of intended procurement or tender documentation provided to participating suppliers, or amends or re-issues a notice or tender documentation, it shall transmit in writing all such modifications or amended or re-issued notice or tender documentation: (a) to all suppliers that are participating at the time of the modification, amendment or re-issuance, where such suppliers are known to the entity, and in all other cases, in the same manner as the original information was made available; and (b) in adequate time to allow such suppliers to modify and re-submit amended tenders, as appropriate.

Appears in 1 contract

Samples: Free Trade Agreement

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